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HomeMy WebLinkAboutBOARD MINUTES 09-19-91 177 MINUTES OF THE REGULAR BOARD MEETING OF THE DISTRICT BOARD OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT HELD ON SEPTEMBER 19, 1991 The District Board of Directors of the Central Contra Costa Sanitary District convened in a Regular Session at its regular place of meeting, 5019 Imhoff Place, Martinez, County of Contra Costa, State of California, at 3:00 p.m. on September 19, 1991. President Clausen called the meeting to order. Before proceeding with roll call, President Clausen requested that the Secretary of the District administer the Oath of Office to the newly appointed Board Member. Ms. Joyce E. Murphy, Secretary of the District, administered the Oath of Office to Mr. Joseph M. Starita. At the conclusion of the ceremony, President Clausen extended a welcome to Mr. Starita on behalf of the Board and staff. . President Clausen requested that the Secretary call the roll. 1. ROLL CALL PRESENT: ABSENT: Members: Members: Boneysteele, Dalton, Starita, Rainey, Clausen None 2. PUBLIC COMMENTS None 3. CONSENT CALENDAR It was moved by Member Rainey and seconded by Member Dalton, that the Consent Calendar, consisting of Items a. through e., be approved as recommended, resolutions adopted as appropriate, and recordings duly authorized. a. Resolution No. 91-088 accepting an easement at no cost to the District from H. W. Dornsife, et ux, Trustees, Orinda area, Job 890, Parcel 1 R-1, was adopted and recording was authorized. Motion unanimously approved on the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rainey, Dalton, Boneysteele, Starita, Clausen None None b. Quitclaim Deed to Harold W. Dornsife, et ux, Job 890, was approved, the President of the District Board of Directors and the Secretary of the District were authorized to execute and record said Quitclaim Deed, and Resolution No. 91-089 was adopted to that effect. Motion unanimously approved on the following vote: AYES: NOES: ABSENT: . Members: Members: Members: Rainey, Dalton, Boneysteele, Starita, Clausen None None c. The license for use of District-owned property with Ted J. Frericks for parking purposes in the Pacheco area, Job Nos. 1541 and 1618, was approved, the President of the District Board of Directors and the Secretary of the District were authorized to execute said license, and Resolution No. 91-090 was adopted to that effect. Motion unanimously approved on the following vote: 09 19 91 178 AYES: NOES: ABSENT: Members: Members: Members: Rainey, Dalton, Boneysteele, Starita, Clausen None None d. Authorization was given for P.A. 91-11 (Danville) to be included in a future formal annexation to the District. Motion unanimously approved on the following vote: AYES: NOES: ABSENT: Members: Members: Members: Rainey, Dalton, Boneysteele, Starita, Clausen None None e. Resolution No. 91-091 was adopted, determining assessment remaining unpaid; Resolution No. 91-092 was adopted, authorizing the issuance of bonds; and Resolution No. 91-093 was adopted, ordering sale of bonds for Local Improvement District No. 58, Camino Amigo Assessment District, Danville area. Motion unanimously approved on the following vote: AYES: NOES: ABSENT: Members: Rainey, Dalton, Boneysteele, Starita, Clausen Members: 'None Members: None CALL FOR REQUESTS TO CONSIDER ITEMS OUT OF ORDER None 4. ADMINISTRATIVE RECEIVE THE 1990-1991 ANNUAL REPORT OF THE DEFERRED COMPENSATION PLAN ADVISORY COMMITTEE a. Mr. Roger J. Dolan, General Manager-Chief Engineer, stated that this item is accompanied by the Deferred Compensation Plan Advisory Committee Annual Report which is quite complete. If the Board has any questions, staff would be happy to answer them. Following discussion of the return on the Great Western savings investment, President Clausen declared that the 1990-1991 Annual Report of the Deferred Compensation Plan Advisory Committee was duly received. 5. ENGINEERING a. CONDUCT A WORKSHOP: SET OCTOBER 2, 1991, AS THE DATE FOR A PUBLIC HEARING TO CONSIDER CERTIFICATION OF A FINAL EIR AND APPROVAL OF RIGHT OF WAY ACQUISITION FOR THE A-LINE OVERFLOW PROTECTION PROJECT. DP 4717 Mr. . Dolan, General Manager-Chief Engineer, stated that the A-Line Project has been planned in conjunction with the Pleasant Hill Overflow Protection Project. Construction of the A-Line Project is scheduled for about the year 2004. The District is now beginning the right of way acquisition for the project. Mr. Dolan introduced Mr. Tad Pilecki, Senior Engineer, who provided an overvi,ew of the project, stating that the agenda was abbreviated for this presentation because many of the issues are identical to the previous two presentations made to the Board on the Pleasant Hill Overflow Protection Project. In response to a question from Member Boneysteele, Mr. Russ Leavitt, Planning Assistant, stated that a mailing list of approximately 800 people was used in' notification of the proposed certification of the Final EIR for the right of way acquisition for the A-Line Overflow Protection Project. In addition, an advertisement and a legal notice were placed in the Contra Costa Times. Member Boneysteele recommended that the notices clearly 09 19 91 179 \ , describe the proposed project location. Mr. Dolan thanked Member Boneysteele and indicated that as clear a description as possible will be used in all notices of the project. Mr. Pilecki stated that wet weather flow projections indicate that the existing A-Line is expected to reach its wet-weather design capacity by the year 2010. Mr. Pilecki reviewed the project approach; and stated that in order to solve the problem, staff has focused on adding new relief lines. Mr. Pilecki showed slides of the preferred alignment and the existing condition and uses of the proposed right of way. Mr. Pilecki reviewed the proposed project schedule and stated that the estimated project cost is $47.5 million. Of that amount, $2.1 million has been estimated for property acquisition. It is recommended that the District purchase the preferred alignment in fee title and that all of the property for the alternative routes be secured as well to ensure maximum flexibility. Following discussion concerning the issue of trails, the property adjacent to the Hilton, the public/private ownership of the property in question, and the proposed depth of the pipeline, it was moved by Member Boneysteele and seconded by Member Rainey, that Wednesday, October 2, 1991, at 3:00 p.m., be set as the date and time for a public hearing to receive comments on the Final Environmental Impact Report for the A-Line Sewer Overflow Protection Project, DP 4717. There being no objection, the motion was unanimously approved. 6. PERSONNEL a. DENY APPEAL OF GRIEVANCE BY BETH MAPLES. ENGINEERING TECHNICIAN L IN ACCORDANCE WITH THE ARBITRATOR'S RECOMMENDATION It was moved by Member Dalton and seconded by Member Boneysteele, that the appeal of Ms. Beth Maples, Engineering Technician I, be denied and dismissed as the final action of the District in accordance with the Arbitrator's recommendation. Motion unanimously approved on the following roll call vote: AYES: NOES: ABSENT: Members: Members: Members: Dalton, Boneysteele, Starita, Rainey, Clausen None None 7. APPROVAL OF MINUTES a. MINUTES OF ADJOURNED REGULAR MEETING OF SEPTEMBER 4. 1991 b. MINUTES OF REGULAR MEETING OF SEPTEMBER 5, 1991 MINUTES OF ADJOURNED REGULAR MEETING OF SEPTEMBER 9, 1991 c. Member Boneysteele stated that after hearing the testimony from Ms. Helen Albrick at the September 4, 1991, public hearing concerning certification of the Final EIR for the Pleasant Hill Sewer Overflow Protection Project, he again looked at the site. Member Boneysteele stated that he believed that Ms. Albrick had confused the Kids R Us location with the Marshall's location. Member Boneysteele stated that he saw no difficulty in getting to the Kids R Us location. Member Boneysteele stated that he trusted that staff would look at the matter and take it into consideration. Mr. Dolan stated that they would. It was moved by Member Rainey and seconded by Member Dalton, that the minutes of the Adjourned Regular Meeting of September 4, 1991, the minutes of the Regular Meeting of September 5, 1991, and the minutes of the Adjourned Regular Meeting of September 9, 1991, be approved as presented. There being no objection, the motion was unanimously approved. 8. APPROVAL OF EXPENDITURES 8. EXPENDITURE LIST DATED SEPTEMBER 19, 1991 President Clausen, member of the Budget and Finance Committee, stated that he and Member Boneysteele reviewed the expenditures and found them to be satisfactory. 09 19 91 180 It was moved by Member Boneysteele and seconded by President Clausen, that the Expenditure List dated September 19, 1991, including Self-Insurance Check Nos. 100555-100558, Running Expense Check Nos. 62675-62997, and Sewer Construction Check Nos. 10087-10147, be approved as recommended. There being no objection, the motion was unanimously approved. 9. BUDGET AND FINANCE RECEIVE AUGUST 1991 FINANCIAL STATEMENTS a. Mr. Walter N. Funasaki, Finance Officer, reviewed the operations and maintenance expenses for the month of August 1991, noting that expenditures were $132,000 less than budget, representing a 5.9 percent favorable variance. For the two months ended August 31, 1991, actual expenditures were $288,000 less than budget, representing a 6.5 percent favorable variance. In response to a question from Member Boneysteele, Mr. Funasaki stated that the interest earned on the Running Expense Fund is computed on a semiannual basis and recorded at December 31 and June 30. The interest earned on the Sewer Construction Fund is recorded on a monthly basis. President Clausen again expressed concern with regard to the revenue accounts and the number of negative expense line items. Mr. Funasaki reported that the District's temporary investments were held in Treasury bills and notes and the District's Local Agency Investment Fund (LAIF) account with interest rates ranging from 5.99 percent to 8.726 percent. The latest interest rate at August 31, 1991, was 6.20 percent. The average yield for the LAIF account as of July 31, 1991, was 7.098 percent. Mr. Funasaki reported that the District has been advised by the Treasurer of the State of California that the maximum amount that a public agency may invest in the LAIF is being increased from $10 million to $1 5 million effective October 1, 1991. In addition, there is a change in policy with regard to the way the LAIF interest will be paid to the public agency. Currently, interest payments are made by check on a quarterly basis. Effective October 1, 1991, interest on the LAIF account will be credited to the District's account. If the Board concurs, staff will attempt to take advantage of the increase in the maximum amount as maturities allow. The Board agreed. Mr. Ron Klimczak, Senior Engineer, reported on the Diablo Road Sewer Improvement Project in Danville, recently completed by Mt. Cascade. The project replaced deficient sewers and provided supplemental capacity for future development. The project was completed one month ahead of schedule and under budget. The surplus funds will be returned at the time of project close out. Mr. Klimczak described the scope of work of the project and showed slides of the construction. President Clausen thanked Messrs. Funasaki and Klimczak for their informative reports and noted that the August 1991 Financial Statements were duly received. At 4:05 p.m., President Clausen declared a recess, reconvening at the hour of 4: 12 p.m., with all parties present as previously designated. 10. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None 11. REPORTS a. GENERAL MANAGER-CHIEF ENGINEER 1 ) Mr. Dolan, General Manager-Chief Engineer, stated that the Board has been briefed recently on the toxicity issue. New regulations and programs to comply with the regulatory concerns were discussed during those briefings. Mr. Dolan introduced Mr. Charles W. Batts, Plant Operations Department 09 19 91 181 Manager, who summarized the recent history and development of the water quality based toxicity control program and the progress made by the District. Mr. Batts stated that the District has both acute and chronic toxicity and will be required to do acute toxicity reduction evaluations and toxicity identification evaluations for both acute and chronic toxicity. A report must be submitted to the Regional Water Quality Control Board by October 1, 1991, outlining the District's plan to address the problem. To date, $230,000 has been expended on this program and it is estimated that actual costs will total approximately $311,000. Mr. Robert A. Baker, Deputy Chief Engineer, stated that chemical identification will be used to try to identify the source of the toxic compounds. This work will be funded through the O&M Budget. There are other issues, however. The first deals with dilution received from the outfall. There are two classes of dischargers, deep and shallow water dischargers. The District has been classified as a deep water discharger because we receive more than ten to one dilution most of the time. This is very important since the regulations are nine times more stringent for shallow water dischargers. Mr. Baker stated that some initial studies done on our outfall show that occasionally, we receive less than ten to one dilution. It is hoped that the Regional Board can be convinced that the District should retain the deep water rating. If we are unable to do that, the outfall could be extended in the hopes of keeping the deep water rating. However, that is problematic because it is possible that even with extension the ten to one dilution cannot be met 100 percent of the time. Mr. Baker stated that the possibility of controlling toxicity by advanced treatment is also being explored. The Plant flow is now split for purposes of the Water Reclamation Project. About one-third of the flow is being nitrified (ammonia is being converted to nitrate), making it possible to perform tests on that portion of the flow. In summary, Mr. Baker stated that the approach with regard to the toxicity. issue is: 1) to utilize source control; 2) to work out the dilution issue with the Regional Board and improve the outfall if necessary; and 3) to conduct some treatability studies to determine if advanced treatment will solve the problem. A position paper will be presented to the Board at the next Board meeting to secure funds for this work. 2) Mr. Dolan, General Manager-Chief Engineer, stated that the Board was advised at a previous Board meeting, that the decision in the matter of Abshire versus Kern County could impact the District. As a result of the ruling, it appeared that local agencies could lose control of the job time of public managers and could be mandated to pay overtime to public managers. Because of the efforts of the California League of Cities, the Department of Labor has issued written regulations which eliminate that problem for public agencies. 3) Mr. Dolan reported that he and Mr. Paul Morsen, Deputy General Manager, met on September 18, 1991, with the City Managers for the Cities of Danville, Lafayette, Moraga, and Orinda, for whom the District franchises, and the City Managers for the Cities of San Ramon and Walnut Creek to discuss the status of the transfer station plans and the District/City issues on shared responsibility for AB 939 planning and implementation, and financing of those efforts. Copies of the Danville staff report recommending that the Town take over the franchise in 1996 have been provided to the Board. The Danville Town Council did not pass the staff recommendation; but indicated instead that they needed more information. Mr. Dolan stated that all of the cities want to keep their AB 939 planning monies and several of them can make a legitimate argument for at least some of the money since they are spending time and money on the issue. Mr. Dolan introduced Mr. Morsen, who highlighted the cities' future responsibilities for AB 939 Plan implementation. Discussion followed concerning alternatives for solid waste franchising and management in the future. 09 19 91 182 09 b. COUNSEL FOR THE DISTRICT None c. SECRETARY OF THE DISTRICT Member Boneysteele suggested modifications to the letter to Board candidates interviewed by the Board. Ms. Joyce E. Murphy, Secretary of the' District, indicated that she would make the recommended changes. d. BOARD MEMBERS Member Rainey reported on the September 12, 1991, Contra Costa Solid Waste Authority meeting. The Authority voted to adopt a resolution asking the sanitary districts, cities, and the County to dissolve the Solid Waste Export Memorandum of Understanding and to reappoint members through the Contra Costa Solid Waste Authority. 12. ANNOUNCEMENTS President Clausen submitted the following. suggested realignment of Board Committees: STANDING COMMITTEES: Budaet and Finance Committee * John B. Clausen Joseph M. Starita Caoital Proiects Committee * Parke L. Boneysteele William C. Dalton Personnel Committee * Joseph M. Starita Parke L. Boneysteele AD HOC COMMITTEES: CCCSD/CCWD Water Reclamation Committee * Parke L. Boneysteele William C. Dalton Central Contra Costa Solid Waste Authoritv * Susan McNulty Rainey John B. Clausen William C. Dalton - Alternate Contra Costa Solid Waste Authority * Susan McNulty Rainey John B. Clausen Recyclina and Household Hazardous Waste Advisory Committee * WilliamC. Dalton Joseph M. Starita 19 91 183 Solid Waste Committee * Susan McNulty Rainey John B. Clausen Tri-Vallev Wastewater Authority (TWA) Committee * John B. Clausen Susan McNulty Rainey * First named Member will serve as Committee Chair. REPRESENTATIVES: AB 939 Task Force Reoresentative Susan McNulty Rainey Solid Waste Exoort MOU Reoresentative John B. Clausen Sanitation and Water Aaencies of Contra Costa County Reoresentative Susan McNulty Rainey Board Liaison to Cities and Countv Concord, Pleasant Hill, Pacheco Danville, Alamo, San Ramon Lafayette, Walnut Creek Martinez, Contra Costa County Orinda, Moraga Joseph M. Starita John B. Clausen Parke L. Boneysteele William C.Dalton Susan McNulty Rainey The. Bpard agreed that the suggested realignment was acceptable. President Clausen requested that a revised list of Board Committee assignments be prepared and distributed. Ms. Murphy stÇlted that she would prepare and distribute the list. 13. CLOSED SESSION 1 . REAL ESTATE NEGOTIATIONS With respect to real estate negotiations, the closed session was held pursuant to Government Code Section 54956.8. The real property which the negotiations concerned was 4797 Imhoff Drive, Martinez, California. The District's negotiators may negotiate with representatives of RMC Lonestar, including Mr. James L. Sheidenberger. At 5:27 p.m., President Clausen declared the closed session to discuss real estate negotiations pursuant t'o Government Code Section 54956.8. At 5:36 p.m., President Clausen reconvened the meeting into open session. 14. ACTIONS RESULTING FROM DISCUSSIONS IN CLOSED SESSION None 09 19 91 184 1 5. ADJOURNMENT There being no further business to come before the Board,' President Clausen adjourned the meeting at the hour of 5:37 p.m., to reconvene at 4:00 p.m. on Friday, September 20, 1991, at the Lafayette Community Center, 500 St. Mary's Road, Lafayette for a joint meeting with the Lafayette City Council to discuss solid waste issues. . ent of the Board of Directors, Central Contra Costa Sanitary District, County of Contra Costa, State of California COUNTERSIGNED: S cr t y of the Central Con a C a Sanitary District, County of Contra Costa, State of California 09 19 91